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i i7 <br /> AGREEMENT <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> BLACK DIAMOND ENTERPRISES, LLC <br /> FOR <br /> CONSTRUCTION OF THE 13TH LANE WATER MAIN EXTENTION <br /> THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the <br /> State of Florida , the address of which is 1840 25th Street, Vero Beach , Florida 32960 <br /> ( hereinafter the " COUNTY") and BLACK DIAMOND ENTERPRISES, L. L. C . , a Florida Limited <br /> Liability Company, the address of which is 1401 US Highway 1 , Vero Beach , Florida , 32960 <br /> ( hereinafter the DEVELOPER) is effective upon execution by the second of the two parties . <br /> WHEREAS , the DEVELOPER, in conjunction with the construction improvements at VERO <br /> BEACH CADILLAC is proposing improvements that conflict with a public waterline located on <br /> private property at 1401 US Highway 1 , Vero Beach , Florida 32960 , more specifically described <br /> in Exhibit " A", pages A- 1 through A- 6 ; and <br /> WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County ( Ordinance 90 - 16, <br /> as amended ) , the COUNTY, desires to relocate the public waterline from private property at <br /> 1401 US Highway 1 , Vero Beach , Florida 32960, to a public right-of-way on 13th Lane and <br /> improve the pipe material from asbestos- concrete to PVC, the COUNTY agrees to reimburse the <br /> DEVELOPER, as provided herein , for the cost of extending the 13th Lane water line from its <br /> current terminus to and along US Highway 1 to the existing 6- inch asbestos-concrete line , as <br /> shown in Exhibit " B" , <br /> NOW , THEREFORE, in consideration of the mutual promises set forth herein and other good <br /> and valuable consideration , the COUNTY and DEVELOPER agree as follows : <br /> 1 . OFF- SITE UTILITIES : <br /> The DEVELOPER shall construct the necessary off-site utilities described herein as directed by <br /> the Indian River County Utilities Department . The COUNTY shall reimburse the DEVELOPER for <br /> installing the water line described below : <br /> The DEVELOPER shall furnish and install approximately 843 linear feet of 6- inch PVC water <br /> main , fittings . and appurtenances along the north side of 13th Lane from the existing terminus <br /> of the 12- inch water main near the southwest corner of the land owned by DEVELOPER at 1401 <br /> US Highway 1 , Vero Beach , Florida , to the existing 6- inch water main located approximately <br /> 205 linear feet north of the southeast corner of the land owned by DEVELOPER at 1401 US <br /> Highway 1 , Vero Beach , Florida . <br /> Reimbursement : The County shall provide 100% reimbursement to the DEVELOPER for this <br /> water main based on an itemized invoice of installed materials at the time the above referenced <br /> facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of <br /> a check from the COUNTY and shall not exceed the amount of $ 37 , 922 (see attached Exhibit <br /> " B") . The COUNTY'S obligation to make reimbursement to DEVELOPER shall expire five ( 5 ) <br /> - 1 - <br /> revised 08 . 03 . 07 <br />